HomeMy WebLinkAbout22-163 - Olympic Environmental Resources - Tukwila 2023 Recycling Collection EventCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number: 22-163
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional Innunicipal code city hereinafter referred to as "the City," and Olympic Environmental Resources,
hereinafter referred to as "Contractor," whose principal office is located at 4715 SW Walker Street, Seattle,
WA 98116 (Tel 206-938-8262).
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $22,399.05 at a rate of 80.00/ 65.00 per
hour.
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. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2023, and ending December 31, 2023, lunless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
6. Indemnification,. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the solelnegligence of the Public Entity.
CA Revised May 2020 Page 1 .44
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent Inegligence of the Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractors liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been Imutually
negotiated by the parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
7. insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors. Contractors maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than S2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3 WorkersCompensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractors Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 44
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not Inecessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractorscoverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days' notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and MI premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporttng.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect MI direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Temiinatiou. This Agreement may at any time be terminated by the City giving to the Contractor thirty
(30) days written notice of the City's intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
12.
The Contractor shall not assign or subcontract any portion of the
ices contempla ed by this Agreement without the written consent of the City.
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13. . This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Contractor and supersedes MI prior
• LI 11 k * •
CA Revised May 2020 Page 3 of 4
negotiation s, representations, or agreements written or oral. No amendment or modification of this
Agreement shall be of any force or effect unless it is in writing and signed by the parties.
14 If any term, condition or provision of this Agreement is declared void or
uineinfoirceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which
by their sense and context are reasonably intended to survive the completion, expiration or cancellation
of this Agreement, shall survive termination of this Agreement.
15. J1oticeg. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sen t to the address provided by the Contractor upon the
signature line below.
16 . This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit.
DATED this 27th day of December , 2022.
CITY OF TUKWILA NG
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Allan Ekberg, Mayor
12-27-2022
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City Clerk, Christy O'Flaherty
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Office of the City Attorney
CONTRACTOR:
1 m is Environmental f esources
By:
Printed Name and Title: Paul M. Devine,
Owner/General Manager
Address: 4715 SW Walker Street,
Seattle, WA 98116
CA Revised May 2020 Page 4 of 4
Attachment A
CITY OF TUKWILA
OLYMPIC ENVIRONMENTAL RESOURCES
2023 SCOPE OF WORK AND BUDGET
Task 1: Tukwila 2023 Recycling Collection Event
1) Project Title
2023 Tukwila Recycling Collection Event
2) Project Schedule
Planning and 1niplementation: January 1 - December 31, 2023
Event Date: Spring, 2023
Hours: 9 AM to 3 PM
3) Event Location;
Tukwila Coumminty Center/Foster High School or another location in Tukwila
4) Project Coordinator
Paul Devine
General Manager
Olympic Environmental Resources
4715 SW Walker Street
Seattle, WA 98116
Phone: (206) 938-8262,
PaulDevine@MSN.com
5) Project Activities
A) Olympic Environmental Resources (OER) will organize a Citywide Recycling Collection
Event in the City of Tukwila. OER will make all arrangements and enter into subcontracts
with material collectors and recyclers for recycling of collected materials.
At this event the following materials will be collected and recycled:
• Tires (6 per load -no rims, no heavy truck or back hoe tires) +
• Lead Acid Batteries
• Household Batteries
• Bulky Yard Waste
• Scrap Wood
• Appliances (Contractors will charge participants for refrigerator, freezers,
and hot water heaters for proper processing and recycling)+
• Ferrous Metals
• Nonferrous Metals
• Electronic Equipment
• Computer Equipment
• Used Textiles*
• Reusable Household Goods*
• Cardboard
• Porcelain Toilets and Sinks+
• Propane Tanks+
• Mattresses+
• TV Sets**
• Computer Monitors**
Other materials if possible
+User fees apply
*If service provider is available.
**TV set and computer monitor collection will be paid for by the Washington
Materials Management & Financing Authority.
13) The following educational materials will be distributed:
• Information on City of Tukwila waste reduction and recycling programs.
• Information on Local Hazardous Waste Management Plan programs.
• Other available information on waste reduction and recycling.
6) Event Participants
A) This event is intended for the residents of Tukwila, but will be open to King County
residents and will be coordinated with county -sponsored events to avoid overlap of service.
B) No flatbeds or dump trucks allowed. Oversized, commercial, or contaminated loads may
be refused.
7) Promotion
A) Event promotion will be accomplished in the following ways:
1) Developing and distributing promotional flyers to City residents via the US mail.
The flyer will be printed on recycled paper.
2) Posting notices at Tukwila City Hall and on the City website and cable channel (if
available).
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3) Publicizing the event in the City newsletter if scheduling and space permits, by
press releases to the local papers, and by King County Solid Waste Division
Promotional Activities.
8) Project Evaluation
GER will provide the following information to the City within thirty days of the event:
A) The number of participating vehicles at the entrance to the events
B) The volume of each material collected and diverted from the waste stream in the
appropriate unit
C) Actual event cost by budget category
2023 Project Costs
Funding Sources
A) King County Health Department Grant
B) King County Solid Waste Division Grant
C) WA State Dept. of Ecology Grant
TOTAL BUDGET
$11,399.05
$ 4,000.00
$ 4,500.011
$19,899.05
Items
Eshma Co
rap Metal Recyding
Tire Recycling
$1,
$600.00
Battery Recycling
IBulky Wood - colleCted by C y Hauler
$550.00
00
Event Supplies*
$250.00
Rentals**
$850.00
Lunch
5.00
Mileage
$175.00
Flyer - printing and sorting
$1,
Flyer - postage
Event Management: Olympic Environmental Resources***
$2,
$9,659O5
Event Staff: Olympic Environmental Resources
$2,BQ�OQ
TOTAL****
$19,899.05
*This includes such items as gloves, safety equipment, etc.
**This includes the rental of such items as backhoe, portable toilet tent tarps, barricades, cones, and safety
equipment
***The cost of professional. services consists of staff time for planning, publicizing, organizing, staffing, and
preparing .finalevent reports.
****OER may transfer .funds unused in one category to overruns in a second category.
Task 2: Tukwila 2023 Rain Barrel Sale
1) Project Title
Rain Barrel Sale
2) Project Schedule
Planning and .Implementation: January 1 - December 31, 2023
Event Date: Spring/Summer, 2023
Hours: 9 AM to 3 PM
3) Event Location:
Tukwila Community Center/Foster High School parking lot or another location in Tukwila.
4) Project Coordinator
Paul Devine
General Manager
Olympic Environmental Resources
4715 SW Walker Street
Seattle, WA 98116
Phone: (206) 938-8262
Email — PaulDevine@MSN.com
5) Project Activities
Olympic Environmental Resources (GER) will organize a Citywide Rainbarrel Sale in
conjunction with the 2023 Tukwila Recycling Collection Event. The type and quantity of
barrels distributed will be determined by a bidding process. OER will bundle the Tukwila
purchase with other King County suburban City sales and solicit bids to obtain competitive
rain barrel pricing. ()ER will arrange the purchase and delivery of the rain barrels and
storage of the units in the Tukwila area prior to the sale. The sale will be advertised in the
Recycling Collection Event flyer sent to all Tukwila households prepared by OER. At the
sale, OER staff will sell the rainbarrels for $35 each. Each rainbarrel will include
instructions on how to use.
6) Project Evaluation
Rain Barrels
The goal of this program is to help ensure the success of the recycling industry by adding to
the demand for products made from recycled materials. By distributing recycle content rain
barrels to City residents, Tukwila will divert recyclable materials from the waste stream. The
City of Tukwila will distribute recycled content rain barrels to City residents, which will
help promote recycled products. The rain barrels weight approximately 40-50 pounds each
and divert roughly twice that amount of plastic material from the waste stream when
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produced. The additional benefits of the rain 'barrels are that they will help reduce household
water consumption and reuse natural rainwater. I1 is expected that after installation the rain
barrels will continue to conserve water resources for many years.
7) Project Costs Total Budget - $2,500.00
*OER may transfer .funds unused in one category to overruns in a second category.
5
,
Eventn: ! : Olympic Environmental Resources
$770.11
Even S : Olympic Env ironmenial Resources
$330.11
Rain Barrel Storage and Delivery
$ . H
Project Mileage
$80.00
Project hcome
($1,200.11)
TOTAL*
*OER may transfer .funds unused in one category to overruns in a second category.
5
Attachment B
The 'budget for the 2023Tukwila Recycling Collection Event and Rain Barrel Sale is $22,399.05,
The total amount payable to Olympic .Environmental Resources (OER) shall not exceed $22,399.05.
The project budget will incorporate funds available from the Seattle -King County Health
Department, the King County Solid Waste Division, the WA State Department of Ecology, and the
City of Tukwila. OER will cover all event expenses as they arise, such as the costs for printing,
postage, and vendor services. OER will request reimbursement for staff time and expenses on a
monthly basis with thirty -day payment terms. OER project management time will be billed at $80
per hour and event staff time will be billed at S65 per hour. OER will assist the City in requesting
reimbursement for event costs from the King County Solid Waste Division, the Seattle -King County
Health Department, and the WA State Department of Ecology.
OER staff may work with Waste Management to combine efforts to carry out the Tukwila Spring
Recycling Collection Event (RCE) in Spring of 2023 at the Tukwila Community Center/Foster High
School or other City location. Waste Management is contractually Obligated to provide the City of
Tukwila with services for RCEs. Waste Management will provide collection of the following
materials at one or more Tukwila RCEs:
Appliances
Scrap Metal
Cardboard
Bulky Wood
Household Goods
Electronic equipment
Some Bulky Furniture unless these items are collected by Seattle Goodwill or Northwest Center.
UpTekk. Recycling may collect CFC appliances for a user fee. E -Waste, lnc, Uptekk, Inc„ or another
vendor may also collect computers, monitors, and TV sets and seek reimbursement for the
collection, transport, and processing of the items from the Washington Materials Management &
Financing Authority.
The City of Tukwila, Waste Management, and OER will leave open the possibility of doing a
similar event in the fall of 2023 if the project budget permits.
Recycling Collection Event programs continue on an annual basis. OER will continue to provide
service t(:) the City of Tukwila until the City decides t(:) no longer participate. We ask that the City
provide thirty -days (30) notice to discontinue services.
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